West Haven business owner back on spot with Planning and Zoning Commission

Amanda Pinto, Register Staff

Published 12:00 am, Tuesday, March 29, 2011

WEST HAVEN -- A business owner who has been involved in a tug-of-war for several months with the Planning and Zoning Commission over a special permit application is back in its spotlight; this time because the board discovered the license for his business does not have a valid signature.

But Mullins is not authorized to sign the document; only Zoning Enforcement Officer Kevin Clark and Assistant City Planner Harry Eberhardt are, Deputy Corporation Council Lee Tiernan said. Clark and Eberhardt would only have been allowed to sign off on the document, which included a certificate of approval for the location, after a PZC vote, which didn't happen, Tiernan said.

Last week, the PZC voted to alert the state Department of Motor Vehicles that the document was "signed in error and asking that they take appropriate action," Tiernan said.

DMV spokesman Ernie Bertothy said the department had not yet been notified Friday.

Asked about action the DMV might take because of the improperly signed license, Bertothy said only: "If the city of West Haven files a request for us to (conduct) a formal review, then we will investigate it further."

Mullins made the motion for the vote. Mullins said he thought a commissioner or another official could sign the document. He said it is the only license he has signed, and that he saw it had already been notarized when he signed it.

Mullins, who has voted in support of Rivera at meetings, said his signature on the document had nothing to do with his decisions on Rivera matters, and that he signed the document in an official capacity.

Rivera said he is not concerned about the issue, the signature was on a license renewal, and he is sure Eberhardt would have signed it if Mullins had not.

Panza said board members were gathering information about Rivera's case, and discovered the improperly signed documents.

"We're like, 'How did this come about?' And I asked Steve, 'Where did you sign this and did you think you had the authority to do this?' And the answer was he didn't remember where he signed it," Panza said.

In October, Rivera withdrew his application for a special permit because of an opinion from the assistant city attorney. The PZC voted to reject that attorney's opinion and has maintained Rivera needs a special permit.

He said if he is forced to reapply, which could mandate pricey improvements, he will sue the city. Panza said the board will continue its research, and could possibly look into a cease and desist order until Rivera gets a special permit.